1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant entered into a loan agreement with DM, and entered into a contract for transfer of security with respect to one early-wave washing machine owned by DM to secure the above loan claim, one PSR prize machine, one and three Gazer, three Gazer, three Gazer (hereinafter collectively referred to as the “instant machine”).

B. On July 27, 2016, the Defendant issued a public auction notification on the instant machinery to the Onnuri Auction System, where DM did not repay the loan.

C. On August 23, 2016, the Plaintiff purchased the instant machinery at KRW 10,60,000 for the sales price, and paid KRW 1,060,000 equivalent to 10% of the sales price on the same day, and on September 7, 2016, the Plaintiff paid KRW 9,540,000 for the remainder of the sales price (hereinafter “instant sales contract”).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 and 3 evidence, the purport of the whole pleadings

2. On September 15, 2016, after the conclusion of the instant sales contract, the Plaintiff asserted that the Plaintiff sought to take over the instant machinery as a warehouse kept by the instant machinery, but DM Co., Ltd. means B on the side.

(hereinafter the same shall apply)

The ownership of the instant machinery was claimed and did not have been accepted.

The Plaintiff demanded the Defendant to provide a drawing, etc. and take measures such as seizure to accept the instant machine, but the Defendant failed to comply with such demand, and the Plaintiff was unable to accept the instant machine due to the Plaintiff’s disposal of the instant machine, and the Plaintiff was only liable for the rent for warehouse.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 14,100,000 as damages (i.e., KRW 10,600,000 for the instant mechanical purchase price) to the Plaintiff.

3. We examine the judgment, and on September 7, 2016, the Plaintiff’s instant machinery to the Defendant.